OREGON MESABI CORP. v. C. D. JOHNSON LUMBER CORP.

No. 11569.

169 F.2d 640 (1948)

OREGON MESABI CORPORATION v. C. D. JOHNSON LUMBER CORPORATION.

Circuit Court of Appeals Ninth Circuit.

August 18, 1948.


Attorney(s) appearing for the Case

Laing, Gray & Smith, Henry S. Gray, and John R. Becker, all of Portland, Or., for appellant.

King, Wood, Miller & Anderson and Robert S. Miller, all of Portland, Or., for appellee.

Before DENMAN, STEPHENS, and HEALY, Circuit Judges.


PER CURIAM.

The appellee moves for a recall of the mandate and for a modification of our judgment and the mandate to provide:

"The judgment [below] is modified by striking out the phrase `and said lands are appropriated to and vested in the said plaintiff as an unlimited easement with the right to the exclusive use thereof, subject to the right of the defendant, Oregon Mesabi Corporation, to make such necessary crossings of said right of way as will not unreasonably...

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